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Chapters 14+15
what's a poopdick?
16
Law
Undergraduate 1
03/13/2012

Additional Law Flashcards

 


 

Cards

Term
Third Party Beneficiary
Definition
Donee Beneficiary (intended by a contract) and Creditor (third party intended because of previous duties owed, has right against both) Get Something

Incidental does not-no intent to benefit
Term
Assignment of Rights Get this shit explained
Definition
Voluntary transfer to a third party of the rights arising from a contract so that the assignors right to perform is extuingished
Obligor>Obligee>Assignor>Assignee or Obligor Ask SOmeone to explain
Term
Asignemnt needs consent if
Definition
duty risk or burden is increased, its personal right, forbidden by contract, or prohibited by law
Term
rights of assignee
Definition
assignee stands in shoes of assignor
Term
COntractual duties can be transferred except
Definition
personal, expressly non delegatable or delegation prohibited by statute or public policy
Term
Novation
Definition
allows delegator to avoid liabality qne delegate duties or assign rights that one otherwise could not

new contract between origianl parties and new person replacing old parties
Term
Problems 10-15
Definition
Term
Licensing statute
Definition
requires formal authorization
Term
regulatory license
Definition
intended to protect lublic
Term
revenue licesnes
Definition
intends to raise money
Term
Usury Statute
Definition
establish maximum rate on interest on a loan
Term
cannot violate sale of a business
Definition
must stay away for reasonable time after selling business
Term
employment contracts
Definition
prohibits employee from competing with competitor for certain time
Term
Unconscionable contract
Definition
unfair and not enforceable
Term
contract of adhesion
Definition
take it or leave it with little bargain power
Term
exculpatory clauses
Definition
releive party of tort liability

not enforced if...
releiving from reckless conduct, unclear language, employer-employee, public service from customer
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